The Union of Church and State in the United States

10/13

THE WHOLE PROCEDURE UNCONSTITUTIONAL

Yet, though it be too late to avoid the consequences, because the principle is established, and the consequences have begun, it is not too late to appeal from the act of Congress, and even from THE DECISION OF THE SUPREME COURT. UCS 72.4

The right of appeal from any act of Congress is recognized and well known universally. The proper source of appeal from an act of Congress should be the Supreme Court. But in this matter the Supreme Court has actually led the way, has forestalled the action of Congress, and so has completely shut off this source of appeal. It follows, therefore, that an appeal must lie, not only from the act of Congress, but from the decision of the Supreme Court itself. In short, in the situation in which this matter is placed, the appeal must be taken from the whole government of the United States. This is the only source of appeal that remains to the people of the United States, and this does remain. UCS 72.5

The right of American citizens to appeal from the Government of the United States, when it touches any of their reserved rights, is an inalienable right. UCS 73.1

The authority of the Government of the United States is delegated, and not absolute. The authority of the Government of the United States is not the supreme authority in the United States, because the people did not delegate all their rights in the making and establishment of the government. In the Constitution the people have declared:— UCS 73.2

“The enumeration in the Constitution of certain rights shall not the construed to deny or disparage others retained by the people.” UCS 73.3

The government is but a creature of the Constitution. The people made the Constitution with the delegation only of certain rights. Therefore the people are the supreme authority in the United States, and the source of final appeal in all questions of their reserved rights. And “prudent jealousy” in the guardianship of these rights against encroachment on the part of the government is the first duty of American citizens: and religious rights are the chief of all these reserved rights, no less than the chief of all natural rights. UCS 73.4

The government, being but a creature of the Constitution, is subject to the Constitution. Having been created by the people, through the Constitution, it is bound by the limitations prescribed by the people in the Constitution. UCS 74.1

In the Constitution the people have declared that— UCS 74.2

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” UCS 74.3

No power in, or over, or concerning religion has been delegated to the United States by the Constitution, nor has such power been prohibited by it to the States. UCS 74.4

All questions, and all matters, of religion therefore, are withheld from the Government of the United States, and are reserved and belong exclusively to the States or to the people. UCS 74.5

As no power concerning religion has been delegated to the United States by the Constitution, nor prohibited by it to the States; as all power and jurisdiction in matters of religion has been reserved exclusively to the States or to the people; it follows inevitably that the Government has no power or authority or jurisdiction in, over, or concerning the subject of religion: and that therefore the Supreme Court of the United States had no authority or right to declare the American people “a religious people,” or this nation “a Christian nation,” nor had Congress any right to establish or require the recognition or observance of the “Chris Sabbath.” UCS 74.6

Again, not only has no authority or jurisdiction in matters of religion been delegated to the United States by the Constitution, but all such authority or jurisdiction has ac- tually been prohibited to the United States by the Constitution. Religion cannot rightly be made in any sense a requisite to the governmental authority of the United States, because the Constitution prohibits it in the words:— UCS 74.7

“No religious test shall ever be required as a qualification to any office or public trust under the United States.” UCS 75.1

The government can never rightly legislate in any way upon matters of religion, because the Constitution prohibits it in the words:— UCS 75.2

“Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.” UCS 75.3

Religion cannot rightly be made a requisite to the citizenship of the United States, because the supreme law says: UCS 75.4

“The Government of the United States is not in any sense founded on the Christian religion.” UCS 75.5

Therefore, as all religion, and specifically the Christian religion, is prohibited the Government of the United States by the supreme law, and as the Supreme Court and Congress are but coordinate branches of the Government of the United States, it follows inevitably that the Supreme Court not only has no power to declare, but was directly and positively by the supreme law prohibited from declaring, the American people “a religious people,” or this nation a “Christian nation;” and Congress was equally prohibited from discussing or deciding the Sabbath question, and from establishing or requiring the observance of the Sabbath. 1 UCS 75.6

Yet again: As the government is but a creature of the supreme law, it is subject to the supreme law. And although the Supreme Court is the official interpreter of the supreme law, yet the court itself is bound by the supreme law. And although Congress is the official law-making power of the government, yet it is restricted, and its power is limited, by the Constitution as the supreme law. Therefore, as the Supreme Court and Congress are but coordinate branches of the Government of the United States; and as the Government of the United States is positively prohibited by the supreme law from any jurisdiction in questions of any religion; it follows inevitably that when the Supreme Court and Congress entered the field of religion, carried on a discussion in favor of religion, and officially decided and declared that the American people is “a religious people,” and this nation “a Christian nation,” and officially decided that Sunday is the Christian sabbath, and established and required the observance thereof as “the Christian sabbath,” both the Court and Congress did, not only what they had no authority to do, but what they were positively prohibited from doing, and so violated the supreme law, and placed themselves in a position where their conclusions, their declarations, and their decisions, so far, possess no legality or validity whatsoever. UCS 76.1

In pleading before the Virginia Convention for the ratification of the Constitution, Madison said:— UCS 76.2

“There is not a shadow of right in the general government to intermeddle with religion. Its least interference with it would be a most flagrant usurpation.” UCS 76.3

This being true, and the intent of the makers of the Constitution, it is easy for any person to see and to state just what these actions of the general government are. 2 UCS 77.1

Consequently, the conclusion of this whole matter, the sum of all that has been or that can be said upon it, is, and the demonstration is complete, that the declaration, the decision, and the act of the Supreme Court and the Congress of the United States that this is “a religious nation,” “a religious people,” and “a Christian nation,” and that Sunday is the Sabbath and should be so observed, ARE UNCONSTITUTIONAL AND VOID, AND UTTERLY DESTITUTE OF ANY AUTHORITY WHATEVER. UCS 77.2